FUSTRATION Taylor v Caldwell 1863

a contract for the hire of contract hall , parties signed the contract but after this and before the date of the concert the concert hall burned down . the fire was beyond the control of either party and effectively disabled them from preforming the contract held that the contract had been frustrated as now impossible to preform hirers of the hall could not sue for damages

FUSTRATIONnational carriers ltd v panalphina ltd 1981

frustration of contract takes place where there supervenes an event without default of either party and for which the contract makes no sufficient provision , which significantly changes the nature of existing obligations and be unjust to bold them to literal sense in new circumstances

GROUND OF FUSTRATION ILLEGALITY Metropolitan Water Board v Dick , Kerr and co ltd 1918

company had 6 year contract with water beard to undertake work for them after contract had been entered water broke out and gov banned used and resources to use it for warit was illegal to conintiue with this contract

GROUND OF FUSTRATION ILLEGALITY Islamic Republic of Iran shipping lines v Steamship mutual underwriting association 2010

Iranian ship owner was insured by defendants uk had prohibited business with some companies , which included the claimant company only certain type of insurances banned they were still able to provide some over not allso not radically change hence not frustrated


contract to supply a cargo of dates for eating purpose cargo sank and got contaminated dates only suitable for making spirits and not for eating although existed their commercial purpose had been destroyed

FUSTRATIONCTI Group v Transclear 2008

seller own supplier let them down so had no cement to shop this was orindary commercial risk , no frustration was allowed as it was foreseeable hence needed to be termed against

GROUND OF FUSTRATION unavailability of subject matter Jackson v Union Marine Insurance co ltd 1874

contract for ocean voyage in the summer unforeseen event ship not aviabale for 6 months the original contract was for summer they then offered autumn voyage not permanent but temp change contract frustrated , the thing agreed was transformed into something else and commerically different need that radical change

GROUND OF FUSTRATION unabaibiltiy of subject matterDavis Contractors ltd v Fareham Urban District Council 1956

Davis contracted with FDC to build houses and price agreed cost were greatly increase by labour shortage and completion of house delayed significantly reduce profit of Davis contractors David contractors argued that the original agreement was cancelled due to frustration but held not been frustrated and was foreseeable and we need unforeseeable element

GROUND OF FUSTRATION unavaibility of subject matter Tsakiroglou and co ltd v noble thori GMBH 1962

contract to ship goods both parties expected goods to go via Suez Canal route but it was closed alternative route would take 21.2 times longer delay added costs but was not significant enough for frustration


contract between racehorse owner and jockey frustrated when owner died


Contract with solicitor was not frustrated by temp incapacity of the client


coronation of king Edward - contract was the hire of a room overlooked coronation procession c advertised room as overlooking this and partied entered into the contract although the contract itself did not mention that the room was let for this purposepurpose was common to both parties coronation cancelled held to frustrate contract as both parties intended that the purpose of contract was to view the procession which was no longer possible

FUSTRATION OF PURPOSE Herne Bay steam boat co v Hutton 1903

contracted concerned the same event as krill contract hire of boat to see the king naval review and to cruise around the fleet of ship only first not performed , contract not frustrated another purpose of the contract could be fulfilled no frustration

LIMIT OF FUSTRATION - choice Martime National fish ltd - Ocean trawlers ltd 1935

ocean trawlers chartered a trawler ,. trawlers needed licences owned other trawlers government granted not enough licenses for trawlers , allocated to vessel they owed and leaving chartered vessel without licence claimed frustration of charter contract as had no licence argument failed ocean trawlers could have allocated a licence to chartered trawler but chose not to

FUSTRATION LIMIT CHOICELauritzen AS v Wijsmuller AV (Super Servant 2) [1990] 1 Lloyd's Rep 1

ss1 and ss2 , ss2 allocated to job and committed ss1 to other job contract non specific as tow his barge ws going to be used ss2 sank and w claimed frustration not frustrated as still had ss1 to use held the chose not to use ss1 and chose not to preform contract

FUSTRATION REMEDIES Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226: Rock concert cancelled.

promoter made advance payment to group over 400,000 which they had to return in total garland j considered the expenses of the promoters which were far greater and decided that the bank should not be permitted to deduct their expenses from prepayment court held not fair to keep 50,000 of the money as money the other pay incurred was far greater